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Saturday, November 15, 2008
Another Summary Judgment Case
The Tennessee Supreme Court recently issued another opinion (with a separate concurring opinion) regarding summary judgment practice in this state. The case is Martin v. Norfolk Southern Ry. Co., E2006-01021-SC-R11-CV (Tenn. Nov. 14, 2008). The Court in Martin reiterates and reaffirms its recent holding in Hannan (see previous post), which is that summary judgment should only be granted when (1) the movant affirmatively negates an essential element of the non-movant's claim; or (2) the movant shows that the non-movant cannot prove an essential element of its claim at trial. Martin, E2006-01021-SC-R11-CV, slip op. at 6.
Here is a link to the majority opinion that was written by Chief Justice Holder: